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IRINEO MOYA, petitioner, no.

28
vs.
AGRIPINO GA. DEL FIERO, respondent

G.R. No. L-46863 November 18, 1939 69 PHIL 199

Nature of the action:

Facts:
In this petition for review by certiorari of the judgment of the CA declaring Del Fierro as the
candidate-elect mayor of Paracale, Camarines Norte with a majority vote over Moya. He contended that
the CA committed errors in admitting and counting in favor of Del Fierro several ballots.

Issue:
Whether or not the Court of Appeals erred in declaring de Fierro as elected mayor of Paracale,
Camarines Norte.

Ruling: No.

Ratio Decidendi:
The SC dismissed the petition because in result even if the ballots contested are counted in favor
of Moya, del Fierro still wins by one vote. The SC avers that in republicanism, the citizens have the voice
in the government and whenever called upon to act in justifiable cases to give it efficacy and not to stifle.
This is the fundamental reason for the rule that ballots should be read and appreciated if not with
utmost, with reasonable liberality.

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